ORDER
The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. See FED. R. APP. P. 35(a). Judge H.A. Thomas did not participate in the deliberations or vote in this case.
The petition for rehearing en banc is
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